Herring v. Wabash Railroad
Missouri Court of Appeals
Appeal from the Audrain Circuit Court: — Hon. Elliott M. Hughes, Judge. There is no evidence that tbe jury were guilty of misconduct. A juror can not impeach bis verdict by affidavit or otherwise. Easley v. Eailroad, 113 Mo. 237; State v. Bush, 95 Mo. 199; State v. McNamara, 100 Mo. 100. If the jury were guilty of misconduct the appellant should in some way show when they were apprised of the fact.
Read the full summary
Appeal from the Audrain Circuit Court: — Hon. Elliott M. Hughes, Judge. There is no evidence that tbe jury were guilty of misconduct. A juror can not impeach bis verdict by affidavit or otherwise. Easley v. Eailroad, 113 Mo. 237; State v. Bush, 95 Mo. 199; State v. McNamara, 100 Mo. 100. If the jury were guilty of misconduct the appellant should in some way show when they were apprised of the fact. Eor all that appears in this record the appellant may have had full knowledge of this misconduct before motion for new trial. Easley v. Eailroad, 113 Mo.'237. In all cases of this class the…
1Opinion of the CourtBond, J.
This action is for personal injuries to plaintiff and the destruction of his wagon and killing of one of his team of horses caused by a collision with the engine of one of defendant’s trains at a street crossing in Mexico,Missouri. The defendant pleaded contributory negligence on the part of the plaintiff as the cause of the accident. The jury returned a *564verdict for plaintiff for $635. Prom a judgment thereon defendant appealed.
Appellant insists that the court erred in refusing to direct a verdict in its favor. To pass on this question it becomes necessary to determine what is the legal…
2Cited by9 opinions
- Maryland Casualty Co. v. Seattle Electric Co.Washington Supreme Court · 1913
- Reich v. ThompsonSupreme Court of Missouri · 1940
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. TerrellIndiana Supreme Court · 1911
- Caffey v. St. Louis-San Francisco Railway CompanyMissouri Court of Appeals · 1956
- Phillips v. the Rhode Island Co.Supreme Court of Rhode Island · 1910
4 more not listed; retrieve them via the Exa API.